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dipobrazil

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About dipobrazil

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  1. Yes ...they said if i did not get warrantee , I would not get the loan as the guarantee would make sure the car remains sellable for the finance company.
  2. Reading through all the google search result...I am not sure what sure fire way to approach this. Can the second personal loan be argued as missold in court . ..because I was only told about the black horse one... ..it seems it is regular practice by carcraft to just add the extra money's using their own inhouse finance firm. is the fact that the contract for the second loan not saying anything about cancelling the guarantee and only just mentions the cost for the guarantee...not enough to show the contract as void . I read up a bit about this and am thinking of standing on this for unfair terms on the contract not providing for cancellation allo http://www.legislation.gov.uk/uksi/1999/2083/regulation/5/made For guarantees ...am looking at this EU legislation on goods for 2 year period. ..the goods was definitely defective in the 2 years, several times, which makes the supposed guarantee not necessary and mis sold as I have the EU 2 year period to stand on....see here http://www.legislation.gov.uk/uksi/1999/2083/regulation/5/made Also looking at the sale of goods act ...which states "It must be as described. It must be of satisfactory quality, sufficiently durable, free from any defects,) The goods were definitely not any of the above. With regards to the refusal to cancel by carcraft.. .assuming that this is a guarantee as stated in the contract or extended warrantee . ..am looking to dispute the refusal for me to cancel now, with The Supply of Extended Warranties on Domestic Electrical Goods Order 2005 which states in section 8(b) (b)subject to paragraph (2), the consumer is permitted to terminate the extended warranty, by notice, at any time after the expiration of the period referred to in paragraph (1)(a), regardless of whether a valid claim has been made under the extended warranty, and is permitted to obtain a pro rata refund of the price paid; and (4) The pro rata refund referred to in paragraph (1)(b) shall be calculated by reference to the remaining period of full unexpired months of cover provided by the extended warranty. Note the car can be argued to be electrical goods ,as most of the issue i had on the car were electrical , the onus is on the seller to dispute that. I am thinking of sending a letter quoting this laws and giving carcraft a chance to sort it out and after the statuary 30days or 40days if the don't sort it correctly, proceed to small claims court. Where I can probably now argue that the warrantee was actually illegal and should be refunded in full instead of pro rate as the goods were defective within the 2 year EU allowance period etc. What do you guys think?
  3. There were 2 contracts on the car...one with blackhorse which I have VT ed on and the other contract was with All in one finance ...which has the extended warranty drive happy stuff, am trying to cancel.
  4. I have searched online for help but not much to go by. My story: I bought a car from carcraft 3 years ago via hire purchase and they also sold me their drive happy extended warranty for 5 years, the period of the hire purchase . The warranty was on a second finance payment by their all in one finance. And I have been faithfully paying. I have had to make a couple of claims as the car kept having issues, which they repaired. So I decided to Voluntarily terminate the hire purchase, which went through smoothly. But Carcraft drive happy keeps taking payments. I have contacted carcraft to cancel the extended warranty and issue a refund for the remaining unused time and they say it is uncancellable. I stated to the carcraft that I had checked the contract agreement and there was no indication that after the initial 30days the contract could not be cancelled if the vehicle was not in my possession. The rep said oh...it was in their booklet. but I never signed the booklet ...should this not be in the contract ...like every other contract out there. Even the hire purchase contract had clear termination clauses on the contract, why then could the carcraft warranty contract not have clear termination clauses, why did they have to hide it in the booklet ..a booklet which I was not even given when i signed up. the carcraft rep bfobbed me off , saying I have to pay for the warranty even though the car is not with me any longer . am seeking advice on how to get a refund on the remaining value of the warranty. I am ready to go to small claims court on this, but I need help on what legal argument I can state in my petition. Can anyone help please?
  5. I cancelled the DD with the bank and called tmobile to cancel the dd with them. ..30 mins later i got a text to call them and they said they had cancelled the £3000 cost for internet and now my bill was reduced to 65pounds.. ...Great.......thanks everyone on second thoughts am actually upset for the stress they caused me.. .loss of sleep and everything. ..i wonder if i can get them to compensate for that stress... i have the good mind to get sars and go through my bill with tooth cumb for any overcharges.. ..what do you think or should I just let it be.
  6. Thanks everyone for the quick responce.I will cancel the DL. ..with regards to the account breakdown...do you mean a SARs?
  7. This is my story . I had a £16 a month sim only contract with tmobile for 2gb of data ,1000mins and unlimited text. My contract was due to end on October 28th. In september i got a bill from tmobile saying i had to pay about £158 for internet usage , which they promptly took by direct debit. With this incident I decided I would leave t-mobile > I called in to cancel my contract as i knew October was the last month, they refused to cancel and said I had to give them a months notice and since I was telling them to cancel in October , I will have to wait another month till November to cancel. I said fine and they gave me a date in November and sent me my PAC codes. I now signed up with another provider O2 and O2 advised that on November 12 they would transfer my t-mobile number to their network. today i received a bill from t-mobile charging me Over £3000 for internet use on the day I was transfered to O2. They are charging £7 per mb for 483mb which they claim was outside my 2gb allowance resulting to £3088. I was shaking. I called them and they said the internet was on the 12th of November the same day O2 transfered my number. I complained to them on the phone that this cannot be and complained. They said they will investigate in 3 to 2weeks. Meanwhile they plan to take the money from my account on the 30th. Now if they dont get the money they will default my credit rating. Please what can i do. I have a nagging feeling that this charge was to punish me for leaving them. I also read that the EU had capped the charge of internet charging on any phone in the EU to 50euros....£42 how come t-mobile if this bill was indeed true can charge me £3000. How come they did not inform me that the cost of out of allowance charges was £7 a mb. How come they did send an alert to say i have exceed my limit. I also read that the amount for data usage is about 0.20 euros...as stated by EU regulations. .how come tmobile is charging £7.....is this correct . I am worried that they will mess up my credit file if they dont get this money .. ...what can i do . ..i dont earn enough to pay that kind of money for anything. Should i take a loan to pay them to stop them messing up my credit file. Please some one help me. I cant sleep now....i have to go to work tomorrow and with this shock i cant
  8. I really need help on how to respond , on how to fill the N244 form please...can anyone help me please
  9. Yes I have been paying with extra ..higher than what we agreed with the lender
  10. I had a suspended repossession order from a lender with regards to a secured loan. I have been making the payment plus extra towards the arrears but had some issues in 2011 and 2012 and missed some payments but since 2013 I have had a good job and have progressively been trying to clear out al my debts . I had even increased the amount I had agreed to pay towards the arrears. For some weird reasons I never got any statement from the lender to let me know the balance on my arrears. Around about May this year I got a letter from the lender saying that I had arrears of about £4000, and then a few days later I got another letter from them saying that the arraars was £6000.Very confusing indeed. I called them and asked how much was the arrears, they said £ 4000, this was really confusing as once again it was differing from the £6000 they had written . Because I was not at peace with the confusion of what the arrears balance was ... I offered to pay £500 lump sum and then add an additional £130 towards the arrears from the original agreed £20 They asked me for a budget planner.When I filled it they called and said they would be going to court to evict me.They did not give me any reason, nothing whatsover.Is this correct. I have already paid the lump sum of £500 and started the payment. I got a letter from their solicitors saying they have applied for eviction, the letter did not say how much the arrears was.I called the lawyer to ask what the arrears was..he said to call the lender. I wrote the lender, high lighting the confusing information I was getting on what this arrears was, was it £4000 or £6000, stating the letters i got from them at the same time stating different balances. I now got a letter from them the next day apologizing that they should have sent me the balance statements as per the consumer credit act 1974 rules , which states I should have been sent this statements as soon the arrears was up to or in excess of 2 contractual payment.They had failed to do this as they stated in their letter , and that they would refund any default charges or interest applied to my account during the period. They now sent a statement where they waived upto £11,900. This waiver effectively clears all the supposed arrears and then some towards the balance... in the statement they sent however they applied £10,500.....so am actually planning to chase them for the £1,400 they have not applied . so basically this wipes out the arrears and just leaves about £5000 left as balance on the loan...NOT arrears. Yet I now received this eviction notice. The notice was written on 8th July 2014 by the court but postmark shows 25 july 2014...which means the court had posted it to me 18days late ...which does not give me the much time to react...is this correct?. I feel as if the repossession order and the eviction order should be overturned completely. What do You think and what should I do.
  11. What about a situation where a vehicle has been clamped...by an EA for pcn and then debtor files an N244.....what happens? does the bailiff still have the right to still have the car clamped....can the car owner remove the clamp if the bailiff does not remove the clamp...especially if the hearing for the N244 takes months to happen.
  12. Out of desperation I had to fill out a form N2 44 ....For a hearing... What do I do do now as my car is still clamped. I hear it might take a couple of months or weeks to get a hearing....will the car be clamped until then. I would really appreciate any help or point in the right direction.
  13. Hi tomtubby Have you had a any chance twith regards to how I can file in a N244 ....any help will be appreciated....the car is still clamped .what are the possible costs of the n244......apart from the £155 for the form...... I know if I win ....it could go back to the original cost...but what happens if it is vice versa...what extra cost will i have to pay ...and will I still pay the bailiff fees... On the incident of the bailiffs not sending a compliance letter and over charging on the compliance fees...not signing and writing the ref of the pcn on the clamp notice.....what are my options....does it not make their enforcement invalid as they have not followed the regulations....how do I get redress on them not following the regulations. Thanks
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